GARGLIANO v. STATE

No. 71, September Term, 1993.

334 Md. 428 (1994)

639 A.2d 675

LEONARD TIMOTHY GARGLIANO v. STATE OF MARYLAND.

Court of Appeals of Maryland.

April 13, 1994.


Attorney(s) appearing for the Case

Martha Weisheit, Asst. Public Defender, Stephen E. Harris, Public Defender, on brief, Baltimore, for petitioner.

Annabelle Lisic, Asst. Atty. Gen., J. Joseph Curran, Jr., Atty. Gen., on brief, Baltimore, for respondent.

Argued before MURPHY, C.J., RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ., and CHARLES E. ORTH Jr., Judge of the Court of Appeals (retired, Specially Assigned).


RAKER, Judge.

In this appeal we are again called upon to construe a criminal statute which requires the imposition of an enhanced penalty on certain repeat offenders. Maryland Code (1957, 1992 Repl.Vol.) Article 27, § 286(c) of the controlled dangerous substances laws provides that a defendant who "previously has been convicted" of a similar offense is subject to a sentence of not less than ten years imprisonment. We are asked here to determine whether the enhanced...

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